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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





San Leandro Post-Conviction Relief Lawyer

All too often, a criminal conviction may prevent you from getting a better job, cast a shadow on your reputation, or adversely affect your immigration status. If you have a criminal conviction in your past, you may still be suffering from some of the consequences that linger after you have completed your sentence.

In certain situations, however, you may be entitled to some form of post-conviction relief, which may allow you to improve your life both personally and professionally. A San Leandro post-conviction relief lawyer may be able to help you assess your situation and work to determine whether any type of post-conviction relief is available to you. By retaining a skilled defense attorney, you could begin to move past your charges and on with your life.

Types of Post-Conviction Relief

California law provides people with several possible forms of post-conviction relief. Some of the most common kinds of relief sought are meant for someone looking to:

  • Overturn a criminal conviction based on ineffective assistance of counsel
  • Terminate probation early
  • Request the reduction of a felony criminal conviction to a misdemeanor criminal conviction, under Proposition 47
  • Petition for habeas corpus, while a person is still incarcerated
  • Seek permission to withdraw a plea for “good cause” within six months of judgment
  • File motions to vacate drug convictions pursuant to deferred entry of judgment
  • Certificates of Rehabilitation

Determining eligibility for any specific form of relief may prove complicated, however. A knowledgeable defense attorney in San Leandro could evaluate your individual situation and help determine what options may be available in your case.

Immigration and Post-Conviction Relief in San Leandro

Under California Penal Code §1473.7, individuals who are no longer incarcerated for a crime may file a motion requesting that their criminal conviction or sentence be vacated. Two primary grounds to support such motions include new evidence of innocence being discovered, as well as evidence that a prejudicial error damaged the convicted individual’s ability to meaningfully understand, defend against, or accept the immigration consequences of a guilty or nolo contendere plea.

Usually, an immigrant must file these motions with reasonable diligence following the date on which he or she receives a notice to appear in immigration court concerning a criminal conviction. Depending on which is later, their deadline for filing may alternatively fall on the date on which a removal order based on a criminal conviction becomes final.

Alternatively, an individual could file these motions at any time, even prior to receiving any notices or orders of removal from the immigration court. Often, judges are required to hold hearings on this type of post-conviction relief regardless. Because of the various options available, you may wish to speak with legal counsel about the nuances of how and when to file post-conviction relief.

The Results of Successful Relief

If a person is successful in obtaining post-conviction relief, he or she may be able to withdraw their pleas and revisit their criminal charges and either resentence them or get them dismissed. This can remove many barriers created by the original conviction, such as unanticipated immigration consequences. A skilled San Leandro lawyer may be able to assist individuals with filing a motion for relief, as well as represent them against the underlying criminal charges.

Retain a San Leandro Post-Conviction Relief Attorney Today

Once you have paid your debt to society, you deserve to be able to move on with life without the collateral consequences of a conviction staying with you. Post-conviction relief might allow you to get past these consequences and move forward with the next steps of your life.

A San Leandro post-conviction relief lawyer could help assess your circumstances and determine what sort of relief may be applicable for you. To discuss your legal options, call today to set up an initial consultation.

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